Category Archives: Nexus

NY2: Arrest for burglary justifies SI of backpack

Defendant’s arrest for burglary, a violent crime, and his uncooperativeness justified a search incident of his backpack for possible weapons. People v. Mabry, 2020 NY Slip Op 03540, 2020 N.Y. App. Div. LEXIS 3583 (2d Dept. June 24, 2020). There … Continue reading

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W.D.Tenn.: Affidavit was conclusory as to drugs at drug dealer’s home [but it’s easy to fix next time]

The affidavit for search warrant failed to show nexus between defendant’s alleged drug dealing a month earlier and his residence. “The only information included in the affidavit to support this conclusory belief is the fact that Defendant, who happens to … Continue reading

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GA: Trash search here didn’t provide nexus to def’s house

Because the time and manner of the placement of the trash here presented no factual confidence that the trash came solely from defendant’s house, the trial court was permitted here to conclude that the trash came from more than one … Continue reading

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E.D.Pa.: FIPF is continuing offense and reasonable inference is firearm would be kept at home

Felon in possession of a firearm is a continuing offense, and it’s reasonable to infer defendant would keep the firearm he was suspected of having in his home. That’s sufficient for nexus. United States v. Golden, 2020 U.S. Dist. LEXIS … Continue reading

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CA6: Alleged lack of nexus in showing of PC saved by GFE

Defendant challenges the lack of nexus of his alleged conduct to the premises, but it doesn’t matter because the good faith exception applies. United States v. Novak, 2020 U.S. App. LEXIS 17133 (6th Cir. May 29, 2020). Inconsistent and implausible … Continue reading

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D.N.M.: Violated no REP to open driver door to read VIN where dashboard number obscured

It was reasonable to open a car door to read the VIN on the doorjamb under New York v. Class because the officer couldn’t see the one on the dashboard because of the glare of the sun. Otherwise, there was … Continue reading

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IL: Failure to show nexus even by inference of def’s connection to premises in SW was a failure of PC

The state failed to show nexus between defendant and the place to be searched that would show that defendant kept drugs on the premises. “To be sure, a judge issuing a search warrant is entitled to draw reasonable inferences from … Continue reading

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CA4: State court suppressed SW for lack of nexus, and then feds indicted; GFE applies to the state warrant

Defendant was prosecuted in state court for a drug related murder, and the state court suppressed the search of his house finding lack of nexus. State v. Miller, 2016 S.C. Unpub. LEXIS 28 (Mar. 30, 2016). Defendant was then prosecuted … Continue reading

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N.D.Ill.: Court approves SW for electronic devices believed connected to counterfeiting offenses in SW for home

“The government has presented an application for a warrant to search a townhome for evidence of trafficking in counterfeit United States currency. Among the items identified by the government for search and seizure are electronic devices located in the premises. … Continue reading

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CA6: No direct evidence of nexus required where a drug trafficker’s home is ID’d and he operates from there

“In fact, we have even gone so far to determine the existence of ‘a nexus between a defendant’s residence and illegal drug activity with no facts indicating that the defendant was dealing drugs from his residence.’ McCoy, 905 F.3d at … Continue reading

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D.Ariz.: Overseizure of emails by SW didn’t require suppression of all; GFE also applies

This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading

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GA: Arrest for sex offense wasn’t PC to believe digital storage device on person had evidence; SW suppressed

Defendant was arrested for aggravated child molestation and aggravated sodomy, and he had a digital storage device on him. Police sought a search warrant for the storage device, but the affidavit failed to show any probable cause to believe evidence … Continue reading

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CO: SW for everything on cell phone was general warrant in violation of 4A

The search warrant for defendant’s cell phone had a particular list of files sought, but it still was effectively a general warrant in violation of the Fourth Amendment because it sought virtually everything on the cell phone without regard to … Continue reading

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CA5: 10 am knock-and-talk didn’t violate Jardines

Officers who came to defendant’s door at 10 am and asked for permission to use a dog to sniff his yard didn’t violate Jardines. United States v. Flores, 2020 U.S. App. LEXIS 10235 (5th Cir. Apr. 1, 2020). “The present … Continue reading

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IA: Def’s association with known drug dealers without any nexus to his own house isn’t PC

“Although we decide marginal cases in favor of upholding warrants, we cannot rubber stamp the authorization to search a home unsupported by probable cause. Here, the search warrant application established Higgins’s association with people who used or delivered controlled substances. … Continue reading

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E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause … Continue reading

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